Eea4 refusal with a right to appeal

[mominshah]

Hi guys,
I am an eea family member (from Pakistan) , married to a polish national since june 2007 , we got separated in 2013 , i had my residence card issued in december 2009 which is valid till december 2014 , since i completed my 5 years on marriage in 2012 i applied for PR in may last month and yesterday got refusal with a right to appeal , the reason HO has put is that they are not satisfied with my partners working history , my partner worked from 2007 till january 2010 and then she got the job again in september 2010 and shes working with the same company since . HO hasnt explained any thing specifically what so ever , i have 5 days to reply for appeal (which i will ) , what are my chances ? And considering my partner is still exercising treaty rights what are my options ? Any advice would be highly appreciated at this moment in time guys , thanks in advance

[Obie]

What happened between January and September?

Was she looking for work? was she out of the country or what?

you may have a decent prospect of success.

[mominshah]

Hi obie,
First of all thanks for getting back to me , yes she was looking for work but because of her language barrier she could not get a job right away , shes working in a factory since september 2010 till present

[mominshah]

I applied for eea3 in august 2008 and got my residence card in december 2009 , like well over a year and before they even issued me the residence card they asked for my partners recent working details which we provided them and after a month i was issued with the residence card , now one reason of the refusal is that they want me to give them my partners p60's from(2007) since we got married , i havent got them she hasnt got them and i thought that they issued me the residence card because they verified all that back then , how do they expect me to keep all those p60's , its just daft ! HO has never been fair

[mominshah]

Guys,
If you can give me any ideas or advice i will e very thankful , my lawyer has said that it shouldnt be a problem , but i am concerned to the highest level , thank you all

[Obie]

You lawyer is wrong, then again I am not surprised.

The burden is on you to demonstrate that you are entitled to the confirmation you have sought.

You are required to show payslips or P60 for the relevant period. The burden is on you to show she has been a qualified person.

If for one reason or the other, you cannot, then assistance could be sought from the UKBA or Tribunal.

The lawyer cannot say, an unexplained gap in treaty right of 8 months is fine. Except of course he has other things in mind.

[mominshah]

Thanks obie,
So what you mean is that its not as straight forward as it seems ? What if they reject appeal would i get another residence card issued since my partner is execising treaty rights or would i be sent back ?

[mominshah]

Thanks obie,
So what you mean is that its not as straight forward as it seems ? What if they reject appeal would i get another residence card issued since my partner is execising treaty rights or would i be sent back ?

[Obie]

By law they should do, as the tribunal is required to assess all aspect of you EU right in an appeal against an EEA decision.

I believe you should work on succeeding on the PR and use the Residence card as a fall back.

This has to be brought to the attention of the judge , or else he will simply look at the PR, and reject if he does not think you qualify, without going further.

[mominshah]

Would it help if i take a barrister with me or it depends on how i come across all the questions ? Would they have any representative from ukba there ? Is it going to be a verbal hearing or would i have to take documents there ? Thanks for all this obie

[Obie]

I thought your solicitor is dealing with these matters.

I am not sure of your abilities, so cant say much on that.

It is a long time away. The appeal will need to be filed in first and then the preparation stage commences.

[Obie]

By the way, was your wife initially sacked from her Job?

You said her english was not good, did she take any course during that period to improve her language skills?

Is she prepared to assist u in your appeal?

Are you planning on divorce, or you intend to reconcile your relationship at a later date.

[mominshah]

Well my misses never got sacked she left the job to do her own cleaning business as self employed and she did that for a year she paid taxes for it that is when i got my rc but then she started looking for a job again as she wasnt making much , she didnt do any courses or anything like that , with barrister u was just wondering if it would have a better impression on the judge , i myself am a very confident person , i have a lot of sales experience and i dont wet my pants easily we are holding the divorce for now so i can see whats the outcome of this case , my partner will definitely not assist me with the appeal , she told me in the start that she can only give me documentational support .

[mominshah]

With barrister 'I' was just thinking it might have a positive or better impression .... typed it wrong in the previous post , my apologies

[Obie]

In my view, the barrister is only as good as your case and the thoroughness of your preparation. This is especially the case, when the matter is in relation to fact rather than the proper application of the law or statutory scheme.

Was she registered as self employed during the period of January to September?

You case may not be that bad, after all.

I really cant see a harm in diborce, it can only help, in my view. Provided there is no prospect of ressurrecting the relationship. But that is a choice for you I suppose

[mominshah]

No she wasnt registered between january and september she was only depending on me as i was working full time , i will give it my best mate and see where it goes from there with me being able to support us isnt enough for her to be self sufficient ? , do i have to take any documentational proof with me on hearing ? Thank you ever so much obie .